Supreme Court · 2019 INSC 53 · Decided 17 January 2019
Himanshu v. B. Shivamurthy & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 53 · [2019] 1 S.C.R. 991
- Case number
- CRIMINAL APPEAL No. 1465/2009
- Decided
- 17 January 2019
- Bench
- D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 141, 138
Headnote
Negotiable Instruments Act, 1881 - s.141 and Proviso to s.138 - Maintainability of Complaint - When cheque was drawn by a person as a director of a Company - Appellant borrowed a sum of money from respondent and issued a cheque - When cheque was presented in the bank were insufficient - Respondent issued notice to the appellant - Upon the failure of the appellant to pay the amount due under the cheque, a complaint was instituted - Appellant filed petition u/s. 482 of the Cr.P.C. to quash the complaint - Appellant contended that
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